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Legal Issues Of Criminal Justice Administration

Decent Essays

CRJ 550
Legal Issues in Criminal Justice Administration

Case Brief
Assignment sub-heading: First Amendment Freedom of Speech

TITLE AND CITATION: Parker v. Levy, 417 U.S. 733 (1974)

TYPE OF ACTION: Levy was sentence to three years to prison and appealed his case in violation of the First and Fifth Amendment, which his request was denied by the District Court but the Court of Appeals overturned, holding that article 133 and 134 were vagueness.

FACTS OF THE CASE:
Howard Levy, a doctor and high commander of the Army he was instructed as a Chief of the Dermatological Service of the United States Army Hospital at Fort Jackson, located in South Carolina. On June 2, 1967, Captain Levy was imprisoned by the general court-martial of desecrations of Articles 90, 133, conduct unbecoming an officer and a gentleman and 134, conduct of a nature to bring discredit upon the armed forces. The law is viewed differently for High ranking official compared to civilian. He was sentenced to discharge from the service, penalization of all pay and payments which he no longer received, and quarantine at hard labor for three years. Under the first Amendment to the United states constitution which protects the prevention of the making of any law respecting an establishment of religion, hindering the free exercise of religion, abridging the freedom of speech, intrude on the freedom of the press, interfering with the right to peaceably assemble or elimination the petitioning for a governmental

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